[Ord. 761, 8/26/1985, § 1900]
1.
Continuation. Any lawful building or other structure, any lawful
use of a building or other structure or land, existing on the effective
date of this chapter, which does not conform with the provisions of
this chapter, shall be considered a lawful nonconforming building,
structure, or use, and may be continued except as otherwise herein
provided.
2.
Extension.
[Amended by Ord. 1015, 1/28/2013]
A.
Any lawful nonconforming use of a portion of a building may be extended
throughout the building.
B.
Any lawful nonconforming building may be altered or extended, provided
the alteration or extension does not result in a new violation of
this chapter or increase the extent of the existing nonconformity.
C.
Any building of which a lawful nonconforming use is made may be extended
up to 25% upon the lot occupied by such building, provided the alteration
or extension does not result in a new violation of this chapter or
increase the extent of the existing nonconformity.
3.
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, flooding, windstorm, or other similar cause, to the extent of not more than 75% of its fair market value may be reconstructed in the same location, provided that (A) the reconstructed building or structure shall not exceed the height, floor area, width, yard and building coverage of the damaged or destroyed building or structure, except as provided in Subsection 2 of this section, and (B) reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
4.
Cost Determination. In determining the fair market value of any building
or structure devoted to a nonconforming use or of a nonconforming
building or structure, there shall not be included in such value the
fair market value of land or any factors other than the fair market
value of the building or structure itself.
5.
Abandonment or Discontinuance. If a lawful nonconforming use of a
building or structure is abandoned or discontinued for a continuous
period of one year or more, or if a lawful nonconforming use of land
is abandoned or discontinued for a continuous period of one year or
more, subsequent use of such building or structure or land shall be
in conformity with the provisions of this chapter.
6.
Building Condemned. A nonconforming building or structure which has
been legally condemned shall not be rebuilt or used unless it is brought
into conformance with this chapter.
7.
Nonconforming Signs. Every lawful nonconforming sign shall be discontinued
or removed or changed to a conforming sign within a period of two
years from the effective date of this chapter, provided that nonconforming
signs at the effective date of this chapter which are properly maintained
and repaired replaced with signs similar in size and character may
remain in use.
[Ord. 761, 8/26/1985, § 1901]
Where two or more contiguous undeveloped lots held in single
ownership within a subdivision which has been duly recorded prior
to the effective date of this chapter, which lots are individually
not of the required minimum area or width for the district in which
they are situated, no variance shall be required for the issuance
of building permits, provided that such lots shall be developed in
groups or fractions thereof as single lots so as to provide the minimum
lot frontage required for each building or structure.
[Ord. 761, 8/26/1985, § 1902]
In the case of a plot of land, a plan for the subdivision of
which into two or more parcels or lots for the purpose of development
and sale has, prior to the effective date of this chapter, been duly
approved and recorded as required by law, which plan does not make
provision for full adherence to the regulations of this chapter governing
minimum lot areas or widths, front, side, or rear yards, or building
coverage, but was in conformity with such regulations as were effective
at the time such plan was approved and recorded, the development and
sale contemplated by the plan may be proceeded with when authorized
as a variance, or the subdivision approval was secured within five
years of the effective date of this chapter. The Zoning Hearing Board
shall have power to grant such variance with respect to the whole
of such plan only.
[Ord. 761, 8/26/1985, § 1903; as amended by Ord. 1015, 1/28/2013]
A temporary nonconforming use which will benefit the public
health or welfare or promote proper development of a district in conformity
with the intent of this chapter may be permitted for a period of not
more than three months, on the approval of the Zoning Officer, but
any such use to be permitted for a longer period shall require a public
hearing thereon, after which a Zoning Officer certificate may be issued
for a period not exceeding one year.
[Ord. 761, 8/26/1985, § 1904]
The Zoning Officer shall perform a survey of the Borough and
record and map all uses nonconforming to the district requirements
set forth in this chapter. Such record and map shall be available
for inspection at the Borough Officer.
